I was pulled over doing 100 in a 70. The officer reduced the ticket to a $75 fine, with a $20 victim surcharge. However, I'm wondering if the officer made a "fatal error" in writing up the ticket. The allegation clearly states "travelling 70km/h in a posted 70km/h zone". I'm assuming he meant to write 90 but it is definitely a 7. Everything else is correct.
My question is - do I proactively fight this ticket? Or do I do nothing and wait for the JP to hopefully quash it due to the error? I'm just not sure what other evidence the officer may have against me and I don't want the JP to amend it!
If it is what you say it is, it should be quashed if you force the fatal error (search the forums on how to do this). If you show up in court it can be corrected.
- Here is the ticket info.
- ticket.jpg (15.83 KiB) Viewed 1052 times
Look up London v. Young, ignore the ticket... and wait for the JP to quash it.
That said, if its still questionable whether there is a loop, then since the test is that the ticket must be "complete and regular on its face", any doubt will go in your benefit. I think a reasonable person would indeed be confused as to whether it is a 9 or a 7, since the rest of the ticket is quite clear to read. The officer should have taken special precaution on ensuring the speed rate was clearly legible. Therefore, I would take the gamble and hope that a JP will indeed quash it if you don't reply at all to the ticket. If you're convicted, then you can at least argue on appeal that you relied upon such ambiguity and that should at least be grounds to allow you to re-open your case.
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